Effective Date: October 24, 2023Address: 349 Pine Street, Denver, CO 80203, United StatesContact: [email protected]
These Terms of Service ("Terms") govern your use of achingly.top and its Services. By accessing or using the Services, you ("user") agree to these Terms and our Privacy Policy. If you do not agree, refrain from using the Services.
1. Eligibility
You must be at least 16 years old to use the Services. Minors between 16 and 18 need parental/guardian consent.
You represent that you have the legal capacity to enter into these Terms (or have parental/guardian consent if applicable).
We reserve the right to reject or terminate accounts that violate eligibility rules.
2. Account Usage
You must create an account to access premium features (e.g., save progress, expansion packs). You agree to provide accurate, complete, and current information during registration.
You are solely responsible for your account credentials and all activities under your account.
Account sharing, selling, or transferring to third parties is prohibited. We may suspend or terminate accounts for unauthorized access or sharing.
Notify us immediately at [email protected] if you suspect unauthorized use of your account.
3. Conduct & Game Rules
You agree to use the Services lawfully and in line with these Terms. Prohibited behavior includes:
Using cheats, bots, or third-party software to bypass puzzles or skip horror elements.
Sharing game spoilers (e.g., puzzle solutions, story twists) in public forums or chat without our permission.
Harassing, defaming, or threatening other users (e.g., toxic comments in community discussions) or our staff.
Posting or sharing inappropriate content (e.g., explicit material, hate speech) in user forums or feedback sections.
Infringing on third-party intellectual property (e.g., using copyrighted music in custom game mods).
4. Purchases & Virtual Content
Premium content (e.g., expansion packs, ad-free access, exclusive in-game items) is licensed to you, not sold. You have no ownership rights, and access to premium content ceases if your account is terminated.
All purchases are final. Refunds are granted only in cases of technical errors (e.g., content not downloading) reported within 14 days of purchase.
We reserve the right to adjust premium content pricing, availability, or functionality at any time.
5. Intellectual Property
All Service content (e.g., game code, graphics, storylines, trademarks) is owned by us or our licensors and protected by intellectual property laws.
You may not copy, reproduce, distribute, or modify any Service content without our written permission.
User-generated content (e.g., forum posts, fan art shared on our platform) remains your property, but you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with the Services.
6. Limitation of Liability
The Services are provided "as is" without warranties of any kind (express or implied), including merchantability, fitness for a particular purpose, or non-infringement.
We are not liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Services (e.g., loss of game progress, emotional distress from horror content, or account termination), even if we are notified of the possibility of such damages.
Our total liability to you shall not exceed $60.
7. Termination
We may suspend or terminate your account and access to the Services at any time, with or without notice, for violating these Terms, engaging in prohibited conduct, or for any other reason.
Upon termination, your account and data may be deleted (subject to data retention laws), and you lose access to premium content and saved progress.
You may terminate your account at any time via account settings or by emailing [email protected].
8. Governing LawThese Terms are governed by the laws of the State of Colorado, United States. Disputes arising from these Terms or the Services shall be resolved through arbitration in Denver, CO, under the rules of the American Arbitration Association.